DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because certain of the drawings of record – in particular, Figures 1-4 and 7 - do not have the requisite line quality. Under 37 CFR 1.84(b)(1), black and white photographs (and photocopies thereof) are generally not permitted in patent applications. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 and 7-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sleman in view of Wizenberg. Sleman discloses at Figs, 6A & 6B and at col. 3, line 60 to col. 4, line 24 and col. 6, lines 9-4 a three-dimensional transformable structure comprising a set of individual elementary components 610-616 where each component comprises connecting means on opposing sides of the component for adjacent attachment to a corresponding connecting means of another individual elementary component. Sleman further discloses that the individual elementary components are “active” such that in response to the application of a stimulus, at least one property of the individual elementary components is transformed (see col. 4, lines 9-24). Sleman does not disclose that the individual elementary components each comprise at least three connecting means as recited. This feature is known in the art, as taught for example by Wizenberg at Fig. 1 and at col. 4, line 58 to col. 5, line 3, and would have been obvious to one of ordinary skill in the art as an obvious substitution of one known element for antoerh and for the purpose of allowing a user to assemble the individual elementary components in a greater variety of configurations.
With respect to claims 2 and 3, both Sleman and Wizenberg disclose that the connecting means comprise coupling means including corresponding projections and recesses. With respect to claim 4, Wizenberg discloses that each of its individual elementary components comprise connecting means on four or more sides. With respect to claim 7, Sleman discloses at col. 4, lines 22-24 an embodiment where the stimulus is a temperature variation. With respect to claim 8, Sleman discloses at col. 5, lines 15-25 an embodiment where the optical properties of the individual elementary components are transformed in response to the stimulus. With respect to claim 8, Sleman discloses at col. 3, lines 48-51 an embodiment where the components comprise a polymer. With respect to claim 10, Sleman as viewed in combination with Wizenberg suggest a method of providing a set of individual elementary components as recited in claim 1 and assembling the individual elementary components. One of ordinary skill would understand that the assembling step could be performed via a robotic system. With respect to claim 11, the sets of individual elementary components disclosed by both Sleman and Wizenberg are configured to be assembled into various configurations of layers and rows. With respect to claim 12, one of ordinary skill would understand that the assembling step could be performed over a paving (receiving site). Such receiving sites are well-known in the art. With respect to claims 13 and 14, one of ordinary skill would understand that the individual elementary components could be stored, handled and transported in and to various locations. With respect to claim 15, the sets of individual elementary components disclosed by both Sleman and Wizenberg are configured to be selectively disassembled as desired by disengaging the connecting means. With respect to claim 16, the individual elementary components disclosed by both Sleman and Wizenberg are configured to be selected for their individual spatial conformations to create an assembled construction in a desired shape. One of ordinary skill would understand that the selection step could be performed via a database, particularly given that Sleman discloses at col. 6, lines 33-39 the use of a database to track user information and activity related to its set of individual elementary components.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Sleman in view of Wizenberg, and further in view of Nag. Sleman as viewed in combination with Wizenberg discloses or suggests the claim limitations with the exception of the provision of an electrical connection between adjacent individual elementary components. This feature is known in the art, as taught for example by Nag at paragraphs [0027-29], and would have been obvious to one of ordinary skill in the art for the purpose of providing a set of individual elementary components which can have an electrical feature when assembled. With respect to claim 6, Sleman discloses at col. 4, lines 22-24 an embodiment where the stimulus is a temperature variation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KURT FERNSTROM whose telephone number is (571)272-4422. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KURT FERNSTROM/Primary Examiner, Art Unit 3715
August 19, 2026
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